About Osun PPA
ESTABLISHMENT OF OSUN PUBLIC PROCUREMENT AGENCY
According to Section 2(1) of the State of Osun Public Procurement Law, 2015.
- There is established a body to be known as the Osun Public Procurement Agency.
-
The Agency shall:
- (a) be a body corporate with perpetual succession and a common seal;
- (b) have power to sue and be sued in its corporate capacity; and
- (c) be capable of acquiring, holding or disposing of any property movable or immovable for the purpose of carrying out its functions under this Law.
OBJECTIVES OF THE AGENCY
The objectives of the Agency are to:
- ensure probity, accountability and transparency;
- establish fair pricing standards and benchmarks;
- ensure the application of fair, competitive value-for-money standards and practices for the procurement and disposal of public assets and services;
- create ample opportunities for the citizenry particularly, small and medium scale enterprises to participate in the economic opportunities and benefits of public procurement;
- create a cost and time efficient and effective adjudicatory mechanism for the resolution of complaints arising from public procurement process in the State and its Local Governments filed by procuring entities, bidders and the general public; and
- attain transparency, competitiveness, professionalism and guarantee integrity and public trust in the public procurement procedure.
FUNCTIONS OF THE AGENCY
The Agency shall:
- consider, amend and review the monetary benchmark for the application of this Law;
- approve the employment of junior staff of the Agency;
- approve changes in procurement process to adapt to changes in technology;
- give such other directives and perform such other functions as may be necessary to achieve
- formulate the general policies and guidelines relating to public sector procurement for the approval of the Governor;
- publicize the provisions of this Law;
- certify all State procurements prior to, during and after the award of any contract;
- supervise the implementation of established procurement policies;
- oversee and superintend compliance by all procuring entities with the procurement policies of the State;
- monitor the prices of tendered items and keep a database of standard prices;
- publish the details of major contracts in the State Procurement Journal;
- publish paper and electronic editions of the State Procurement Journal and Procurement Manual and maintain an archival system for the State Procurement Journal; and
- publish paper and electronic editions of the State Procurement Journal and Procurement Manual and maintain an archival system for the State Procurement Journal; and
- carry out such other functions which are essential to run an efficient procurement process and the effective implementation of its functions under this Law.
POWERS OF THE AGENCY
-
(1).The Agency shall have the power to:
- (a) enforce the rules and review thresholds set pursuant to this Law;
- (b) inspect and review any procurement transaction to ensure compliance with the provisions of this Law;
- (c) investigate and determine whether any procuring entity has violated any provision of this Law;
- (d) blacklist or ban any supplier, contractor or consultant that contravenes any provision of this Law and Regulations made pursuant to this Law;
- (e) maintain a database of contractors and service providers to the exclusion of all procuring entities;
- (f) prescribe classifications and categorizations for the Companies or Limited Liability, Partnerships on the register;
- (g) maintain a list of firms and persons that have been blacklisted or banned from participating in the public procurement system and publish them in the State Procurement Journal;
- (h) call for information, documents, records and reports in respect of any aspect of any procurement proceeding where a breach, wrongdoing, default, mismanagement or collusion has been alleged, reported or proved against a procuring entity or service provider;
- (i) call for the production of books of account, plans, documents, and examine persons or parties in connection with procurement proceeding;
- (j) act on complaints by public procurement entities in accordance with the procedures set out in this Law;
- (k) nullify the whole or part of any procurement proceeding or award which is in contravention of this Law;
- (l) recommend the discontinuance, stoppage, or suspension of any payment due from the State Treasury under any procurement contract activity or proceeding which has contravened or is likely to contravene any provision of this Law;
- (m) undertake procurement and contract performance audit;
- (n) train personnel and build state -wide institutional capacities for a sustainable and efficient public procurement system;
- (o) recommend to the approving authority contracts for the award of procurement of goods, works and services within the provisions of this Law;
- (p) constitute a Technical Review Committee comprising technical, financial and legal experts to assist in the reevaluation of a bid where it deems necessary in the public interest; and
- (q) issue a Certificate of Compliance after it has certified compliance by a procuring entity within the provisions of this Law.
-
(2) Where there are persistent or serious breach of this Law, its Regulations or any other guideline made under this Law, the Agency shall recommend to the Governor the following:
- (a) the suspension from Office of Officers concerned with the procurement or disposal proceeding in issue;
- (b) the removal from Office of the head of any Procuring or Disposal Unit;
- (c) the discipline of the Accounting Officer of any Procuring entity;
- (d) temporary transfer of the procuring and disposal function of a procuring and disposing entity to a third-party procurement agency or consultant; or
- (e) any other sanction that the Agency may consider appropriate.
(3). The Agency shall have power to do all such things as are reasonably necessary for the purpose of carrying out its functions under this Law and may carry on in that behalf either alone or in association with any other person or body.